According to Florida law, drivers are required to stop at any pedestrian crosswalk when someone is crossing the street. However, many drivers are unaware of this law and think they have the right of way. This is especially evident in heavily tourist areas, such as in Siesta Key Village or St. Armand’s Circle in Sarasota. Drivers must yield to all pedestrians who are crossing the street and will receive a hefty ticket if they do not. Most people visiting from out of town are entirely unaware of this law.
Pedestrian crosswalks are marked with a large yellow sign depicting a figure walking – and that is your only indication of a pedestrian crosswalk. Many Florida pedestrian crosswalks have yellow flashing lights installed. When the lights are flashing, all traffic must stop and allow the people to cross the street. Sometimes, especially during tourist season, there are significant amounts of people crossing the street – but they always have the right of way.
Sometimes, pedestrian crosswalks are installed on busy roads with little warning that they are there, except for the yellow sign instructing drivers to yield to those on foot. Many Florida drivers define “yielding” as being required to slow down. However, this is not the case under Florida law. If a person is in the crosswalk, drivers must stop and permit any individual to cross the road safely. Depending on the situation, law enforcement personnel will issue warnings or write civil citations to motorists who violate the pedestrian crosswalk law.
What Does the Statute Say?
F.S.A. § 316.130: Vehicles must yield to pedestrians in crosswalks when pedestrians are on vehicle’s half of road. Pedestrians must not leave curb when vehicles are close. Pedestrians must yield to cars when outside of crosswalks. No crossing diagonally at intersections with traffic signals. Pedestrians must use crosswalk to cross.
This law is meant to compel drivers to stop when a pedestrian steps into the crosswalk. If there are no pedestrians in the crosswalk, drivers are not required to stop. Drivers should pay careful attention as they are approaching any crosswalk and take note if any pedestrians are entering the crosswalk on either side of the street. If it is unclear if they will step into the street or not, it is best to use caution and slow your vehicle down safely. Failing to stop when a pedestrian is in the crosswalk could cost you a hefty fine or traffic citation at best. Of course, no one wants to hurt anyone either. Although pedestrians also have some responsibility to not step into a busy street unwisely, the fact remains that they do have the right of way according to law – and drivers need to be aware of that fact. Keep in mind, there may not be a light of a stop sign – there may only be a yellow sign by the side of the road.
If you are a pedestrian injured while legally crossing the street, give the personal injury attorneys at Probinsky & Cole a call for help. We have offices located in the Sarasota, Tampa, and Orlando areas and are here to help.
The traffic laws can be confusing. Whether you are a driver or a pedestrian, it can be difficult to determine fault in the case of a driver hitting a pedestrian. When you hire an experienced personal injury attorney, they will help you review your situation, gather evidence, and decide if you have a case. If you deserve compensation, Probinsky & Cole will work with you to obtain it.
